Bill passes judiciary committee, moves on to full state Senate

Brittany Moore and her dog Ava, which was shot by Erie police in May 2011 (Courtesy Brittany Moore)

DENVER -- Brittany Moore sobbed as she told a crowd of 200 dog lovers gathered Wednesday afternoon on the west steps of the State Capitol about the day in May 2011 when an Erie police officer shot and killed her 4-year-old German shepherd, Ava.

"Imagine watching your best friend get shot to death in front of you," Moore said in front of a crowd holding up signs professing their love of canines, large and small. "Ava lay back on the ground and died slowly. I will never forget the sounds of my daughters' tortured cries that night."

Moore, 30, of Erie, has become the face of a growing movement in Colorado and is one of the sources of inspiration for a bipartisan bill -- which was unanimously approved Wednesday by the Senate Judiciary Committee -- designed to ensure law enforcement officers are better trained and equipped to deal with dogs.

The committee sent the bill, SB 226, or the "Dog Protection Act," on to the full Senate for a vote.

Moore was one of several dog owners who spoke to committee members about the death of a beloved pet at the hands of police. She tearfully testified that a bullet officer Jamie Chester fired severed Ava's spinal cord, disabling the dog's legs. She said she wasn't permitted to be with Ava as the dog slowly died.

She said her three daughters used to trust police officers but after the shooting no longer could.

"They have nightmares, they are angry and they still cry," Moore said. "And they don't understand why a police officer would kill their dog. How, as a mother, do I explain that?"

Chester was cleared by the Boulder County District Attorney's Office after the shooting, but Moore has sued the town and the officer in federal court, claiming that Ava never acted aggressively toward Chester during the encounter. The officer reported that the dog bared its teeth and lunged at him.

Erie spokesman Fred Diehl said Wednesday that the town couldn't comment on pending litigation.

Rash of dog shootings

The Dog Protection Act was introduced to the Senate by David Balmer, R-Centennial, and Lucia Guzman, D-Denver.

The death of Moore's German shepherd was one of about 40 dog shootings by law enforcement in the past five years, said Balmer, a self-professed dog lover. Several recent cases have made headlines and prompted residents in Colorado to call on lawmakers to put in place better training protocols for officers, he said.

Gary Branson, whose pitbull Chloe was Tasered and then fatally shot by a Commerce City police officer in November, told the committee the officer most likely responded the way he did because he wasn't properly trained to deal with dogs.

"It's a shame that a dog could be lost out of someone's ignorance about how dogs act," he said. "It's like losing a family member; there's no difference to me."

The incident was captured on video and widely broadcast on television and the Internet. The 17th Judicial District Attorney's Office charged the officer who shot the dog, Robert Price, with aggravated cruelty to animals, a felony.

Balmer said the bill is not an attempt to embarrass or pick fights with police. He helped craft the bill with the input of many law enforcement agencies and sheriffs, including Boulder County Sheriff Joe Pelle.

He said the law enforcement community is largely behind the bill because it brings a common-sense approach to a growing problem. The bill doesn't include penalties for officers who fail to follow the protocols that are eventually put into place, leaving that up to individual departments.

"We think the more officers become comfortable with dogs, the more that they will know how to handle dogs in a nonviolent way," he said. "And the ultimate goal is to reduce dog shootings."

Arapahoe County Sheriff Grayson Robinson appeared before the committee Wednesday and pushed for the act, calling it a "well-considered" bill.

Training central to bill

The Dog Protection Act would require municipal police departments and sheriff's offices to develop training programs to prepare officers and deputies for encounters with dogs.

It would also establish a task force made up of animal welfare experts that would be charged with developing a training curriculum and producing a web- or video-based program to teach officers and deputies how to interpret dog behavior and assess whether an animal is truly a threat.

"All this bill requires is three hours of training for these officers," Jennifer Edwards, founder and attorney with Wheat Ridge-based The Animal Law Center, told the committee. Edwards helped draft the bill.

Central to the legislation, Balmer said, is a provision that would require officers to allow dog owners to remove or control their dogs before police take action against the animals. He said that provision could help prevent many shootings from occurring in the first place.

"It creates an affirmative duty for the officer on a nonviolent call to give dog owners the opportunity to get their dogs under control," the senator said.

He said there are exceptions in the bill, such as entering a drug house or responding to a violent call, where officers can use their discretion to protect themselves and others.

Brittany Moore, right, of Erie, wipes a tear from her eye while listening to State Sen. David Balmer speak at a rally for the Dog Protection Act on Wednesday at the State Capitol. Her attorney, Jennifer Edwards, is also pictured in the middle. (Cliff Grassmick / Daily Camera)

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